Islamic Inheritance: Distribution of Shares for Wife, Sons, and Daughters
📖 Source: Fatawa Rashidiyyah, Page 622
Question
It was asked regarding Muhammad Malook, who, while in full sound mind, gifted one acre of land to his wife. He also made a will that after his death, his wife should be given her share from his estate as well. After his death, the heirs included:
◈ Wife
◈ Four sons
◈ Two daughters
How should the estate be divided according to the Shari‘ah of Muhammad ﷺ?
Answer
Alhamdulillah, wa al-salatu wa al-salamu ‘ala Rasulillah, Amma ba‘d!
It should be noted:
① The one acre of land gifted (hibah) to the wife will be set aside first.
② The will (wasiyyah) will be executed, but only up to one-third of the estate.
③ The remaining estate will then be distributed among the heirs according to Shari‘ah.
Distribution of Inheritance
Total estate (excluding the gifted land) = 1 rupee
Wife’s Share
Allah Almighty says:
﴿فَإِن كَانَ لَكُمْ وَلَدٌ فَلَهُنَّ الثُّمُنُ﴾ [al-Nisa]
“If you leave behind children, then for them (wives) is one-eighth of what you leave.”
◈ Wife receives 2 annas (⅛ = 12.5%).
Children’s Share
Allah Almighty says:
﴿يُوصِيكُمُ اللَّـهُ فِي أَوْلَادِكُمْ ۖ لِلذَّكَرِ مِثْلُ حَظِّ الْأُنثَيَيْنِ﴾ [al-Nisa]
“Allah instructs you concerning your children: for the male is the share of two females.”
◈ Remaining 14 annas are divided into 10 shares:
- Each son receives 2 shares.
- Each daughter receives 1 share.
Modern Decimal Calculation
Total estate = 100%
| Heir | Share (fraction) | Share (%) |
|---|---|---|
| Wife | 1/8 | 12.5% |
| 4 Sons | Residuary | 70% (17.5% each) |
| 2 Daughters | Residuary | 17.5% (8.75% each) |
Conclusion
- The gifted one acre of land belongs solely to the wife.
- From the remaining estate, the wife receives 12.5%, while the children share the rest: sons receiving double the daughters’ share.
ھذا ما عندی، واللہ أعلم بالصواب
